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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My girlfriend is 17 and wants to move out and live with her

Customer Question

My girlfriend is 17 and wants to move out and live with her grandmother due to an emotionally and verbally abusive household
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your post. Please permit me to assist you with your concerns.

I understand the facts provided. What specifically is your question, how can I help you?

Customer: replied 1 year ago.
I guess the question would be how my girlfriend could get out of the abusive household. She turns 17 this week. She has proof of the things they have said to her via text. She feels unsafe and threatened.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

My apologies but as a 17 year old, she is still a minor. She, therefore, cannot move out or make such decisions on her own. What she can do is ask her grandmother to file for guardianship, claim abuse, and pursue rights on her behalf. The other option is perhaps for her to file for 'emancipation' from her parents, but she would need to be able to show to the courts that she is able to be self-sufficient, that she has her own stream of income, and she is able to pay for her own housing, food, schooling, clothing, and medical expenses. But she cannot otherwise move out because she is not yet a legal adult.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
How would she go about doing those things?
Expert:  Dimitry K., Esq. replied 1 year ago.

Doing what things, exactly?

Customer: replied 1 year ago.
How would her granmother file for guardianship and how could my girlfriend file for emancipation and what is the likelihood of either of them being successful.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

I cannot respond to the likelihood of success because I do not know the strength of her case and how much of a fight her parents may put up pertaining to this. Her grandmother would need to obtain the guardianship packet from the county family courthouse where your girlfriend resides, fill it out, and file it. The petition should focus on what is 'in the best interest' of the minor, and attack the fitness of the parents to be successful. Examples of 'unfitness' may be a history of abuse, neglect, domestic violence, drug use, alcohol abuse, history of mental illness, criminality, and moral turpitude.

If your girlfriend wants to file for emancipation, she needs to get a job and enough money to be self-sufficient. Then she would need to file through her guardian or hire a G.A.L. (guardian ad litem, who is typically an attorney) to file this on her behalf.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Would she need anything besides a job to be able to be emancipated?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

She would need to prove that she is self-sufficient as I explained above, and also would need to prove to the judge that she is very aware as to what emancipation means--specifically that once that happens her parents are not responsible to pay for any of her expenses, are not liable for her mistakes, do not have to help with college expenses, medical bills, schooling, and so forth. If the judge finds that she is mature enough to understand all that, and can financially support herself, he can grant such a request.

Sincerely,

Dimitry, Esq.